S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3604
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. MANKTELOW, REILLY, GOODELL, DeSTEFANO, BRABENEC,
   BLANKENBUSH, J. M. GIGLIO, BYRNES, FRIEND, MORINELLO, DiPIETRO,  MIKU-
   LIN,  McDONOUGH,  HAWLEY,  WALSH,  PALMESANO,  MILLER,  BARCLAY, COOK,
   DURSO, TANNOUSIS, SMULLEN, ANGELINO -- read once and referred  to  the
   Committee on Codes

 AN  ACT to amend the penal law, in relation to establishing the crime of
   assault on a pregnant woman
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Liv Act".
   § 2. The penal law is amended by adding a new section 120.05-a to read
 as follows:
 § 120.05-A ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE
 WHEN HE OR SHE INTENTIONALLY CAUSES INJURY TO A WOMAN HE OR SHE KNOWS OR
 HAS REASON TO KNOW IS PREGNANT OR CAUSES INJURY TO HER UNBORN CHILD.
   1.  FOR  THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES BODILY INJURY
 TO HER UNBORN CHILD.
   2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A. A PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING  TO  AN
 ABORTION  FOR  WHICH  THE  CONSENT  OF  THE  PREGNANT WOMAN, OR A PERSON
 AUTHORIZED BY LAW TO ACT ON BEHALF  OF  THE  PREGNANT  WOMAN,  HAS  BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
   3. THIS SECTION SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH ARTICLE
 TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND APPLICABLE LAWS AND REGULATIONS
 GOVERNING HEALTH PROCEDURES.
   ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE IS A CLASS D FELONY.
   § 3. The penal law is amended by adding a new section 120.10-a to read
 as follows:
 § 120.10-A ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04166-01-3
              

 A. 3604                             2
 
   A  PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE
 WHEN HE OR SHE INTENTIONALLY CAUSES SERIOUS INJURY TO A WOMAN HE OR  SHE
 KNOWS  OR  HAS  REASON  TO  KNOW  IS PREGNANT OR CAUSES THE DEATH OF HER
 UNBORN CHILD.
   1. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A.  A  PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING TO AN
 ABORTION FOR WHICH THE CONSENT  OF  THE  PREGNANT  WOMAN,  OR  A  PERSON
 AUTHORIZED  BY  LAW  TO  ACT  ON  BEHALF OF THE PREGNANT WOMAN, HAS BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
   2. THIS SECTION SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH ARTICLE
 TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND APPLICABLE LAWS AND REGULATIONS
 GOVERNING HEALTH PROCEDURES.
   ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 4. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
 and paragraph (c) as amended by chapter 134 of the  laws  of  2019,  are
 amended to read as follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  ASSAULT ON A  PREGNANT
 WOMAN  IN  THE FIRST DEGREE AS DEFINED IN SECTION 120.10-A, gang assault
 in the second degree as defined in section 120.06, strangulation in  the
 first  degree  as defined in section 121.13, aggravated strangulation as
 defined in section 121.13-a, burglary in the second degree as defined in
 section 140.25, robbery in the  second  degree  as  defined  in  section
 160.10,  criminal possession of a weapon in the second degree as defined
 in section 265.03, criminal use of a firearm in  the  second  degree  as
 defined  in  section  265.08,  criminal  sale of a firearm in the second
 degree as defined in section 265.12, criminal sale of a firearm with the
 aid of a  minor  as  defined  in  section  265.14,  aggravated  criminal
 possession  of  a  weapon  as  defined  in section 265.19, soliciting or
 providing support for an act of terrorism in the first degree as defined
 in section 490.15, hindering prosecution  of  terrorism  in  the  second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37 OF THIS CHAPTER.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section  120.05,    ASSAULT  ON A PREGNANT WOMAN IN THE SECOND DEGREE AS
 DEFINED IN SECTION 120.05-A, menacing a police officer or peace  officer
 as defined in section 120.18, stalking in the first degree[,] as defined
 in subdivision one of section 120.60, strangulation in the second degree
 as  defined  in  section 121.12, rape in the second degree as defined in
 section 130.30, criminal sexual act in the second degree as  defined  in
 section  130.45,  sexual abuse in the first degree as defined in section
 130.65, course of sexual conduct against a child in the second degree as
 defined in section 130.80, aggravated sexual abuse in the  third  degree
 as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
 controlled substance as defined in section 130.90, labor trafficking  as
 A. 3604                             3
 
 defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
 135.35, criminal possession of a weapon in the third degree  as  defined
 in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
 criminal  sale  of  a  firearm in the third degree as defined in section
 265.11, intimidating a victim or witness in the second degree as defined
 in section 215.16, soliciting or providing support for an act of terror-
 ism in the second degree as defined in section 490.10,  [and]  making  a
 terroristic  threat  as  defined in section 490.20, falsely reporting an
 incident in the first degree as defined in  section  240.60,  placing  a
 false  bomb  or  hazardous  substance  in the first degree as defined in
 section 240.62, placing a false bomb or hazardous substance in a  sports
 stadium or arena, mass transportation facility or enclosed shopping mall
 as defined in section 240.63, aggravated unpermitted use of indoor pyro-
 technics  in the first degree as defined in section 405.18, and criminal
 manufacture, sale, or transport of an  undetectable  firearm,  rifle  or
 shotgun as defined in section 265.50 OF THIS CHAPTER.
   § 5. This act shall take effect immediately.